[Ord. 97-2, 7/14/1997, § 1]
This part is enacted to provide for the uniform and equitable
distribution of the tax levies in New Hanover Township upon the inhabitants
thereof and to promote the health, safety, and general welfare of
the Township of New Hanover and the inhabitants thereof.
[Ord. 97-2, 7/14/1997, § 2]
As used in this part, the following terms shall have the meanings
indicated:
A parcel of real estate, with or without improvements located
thereon utilized by any person or persons for any commercial activity
or purpose.
One or more rooms, a structure, building, or house used for
living and sleeping purposes.
The owner(s), whether an individual, individuals, partnership,
joint venture, corporation, or other lawful entity, or a person or
other lawful entity, who or which acts as agent for owner to lease,
rent, let, or sublet, any parcel of real estate, business unit, room,
structure, building, house, dwelling unit, or any part thereof situate
within the Township of New Hanover.
Any individual, partnership, association, firm or corporation,
or other lawful entity.
A business unit or dwelling unit including, but not limited
to, any parcel of real estate, room, structure, building, house, or
a part thereof made available for lease, rent, let, or sublet to any
tenant or occupant not the owner thereof for consideration, whether
in cash or in kind for a period exceeding 30 days.
A person, as hereinbefore defined, who, or which, has the
use of a dwelling unit or a business unit owned by a person other
than tenant for a period exceeding 30 days.
[Ord. 97-2, 7/14/1997, § 3]
1.
On or before the 30th day of January of each year or within 30 days
of the first occupancy of a rental or rentable unit following its
conversion to a rental or rentable unit, each landlord shall submit
to the Zoning and Code Enforcement Officer, or such other individual
as may be designated by the Board of Supervisors, from time to time,
a report in a form as may be adopted and approved by the Board of
Supervisors, from time to time, which shall include the following
information:
A.
A list of the rental or rentable units, including both dwelling units
and business units, owned by the landlord situate within New Hanover
Township, whether occupied or not occupied.
B.
The address of each rental or rentable unit and business unit.
C.
A brief description of each rental or rentable unit or business unit.
D.
A statement whether or not said rental or rentable unit is occupied,
inhabited or otherwise utilized by a tenant or tenants.
E.
The name or names of the tenant or tenants occupying, inhabiting,
or otherwise utilizing the aforementioned rental or rentable unit
along with the mailing address for said tenant if different from the
address for the rental or rentable unit.
F.
A statement of the use or the nature of occupancy of said rental
or rentable unit.
[Ord. 97-2, 7/14/1997, § 4]
After the effective date of this part, any person who becomes a landlord of any parcel of real estate or building or part thereof in New Hanover Township, whether by agreement of sale, deed, inheritance, devise, bequest, conversion of an existing owner occupied site, or any other means, within 30 days thereafter, shall report to the Zoning and Code Enforcement Officer, or other individual designated by the Board of Supervisors, from time to time, the information and data set forth in § 4-103 above on the form approved by the Township.
[Ord. 97-2, 7/14/1997, § 5]
After the effective date of this part, each and every landlord of property within New Hanover Township shall report to the Zoning and Code Enforcement Officer or such other individual as may be designated by the Board of Supervisors from time to time, on a report form to be approved by the Township, any change in the use, occupancy, tenancy or utilization of any rental or rentable unit owned by such landlord supplying the information as required in § 4-103 above. The reported change shall include the name or names of the new tenant or tenants of such rental or rentable unit, the date when such change was effected, and the forwarding address, if any, of the prior tenant or tenants, if known. A landlord of a hotel, inn, or boarding house shall not be required to report a person as a "tenant" until that person has resided in such landlord's establishment for a period exceeding 30 days. In the event that a rental or rentable unit was occupied, used, or utilized by a tenant and then becomes vacant, this change shall also be reported to the Zoning and Code Enforcement Officer or such other person as may be designated by the Board of Supervisors from time to time. All reports required by this section shall be made prior to said change in occupancy and, at least, within 10 days after a landlord had knowledge that such a change in occupancy will occur or said unit has become vacant.
[Ord. 97-2, 7/14/1997, § 6]
Prior to permitting a change of use, occupancy, tenancy, or
other utilization of a rental or rentable unit, the landlord shall
give notice to the Zoning and Code Enforcement Officer of the intent
to permit or allow such change of use, occupancy or tenancy and shall
permit the Zoning and Code Enforcement Officer, or such other person
as may be designated by the Board of Supervisors from time to time,
to inspect the said rental or rentable unit and any portion or part
thereof to be occupied or utilized by tenant for compliance with any
and all codes, ordinances, rules and administrative requirements of
the Township. Landlord shall give the Zoning and Code Enforcement
Officer not less than five days' advance notice of the intent
to occupy said rental or rentable unit and shall not permit the occupant
or tenant to occupy, use, or inhabit the rental or rentable unit until
five days after providing such notice to the Zoning and Code Enforcement
Officer. Upon receiving such notice, the Zoning and Code Enforcement
Officer shall within five days (including Monday through Friday but
excluding weekends and holidays) or within such time as is otherwise
reasonable and practical, conduct an inspection of the said rental
or rentable unit to determine whether the same is in compliance with
the Township codes, ordinances, rules or administrative regulations
such as may be applicable to the subject site. Upon completing such
inspection and determining that the property is in compliance with
the codes, ordinances, rules and regulations of the Township, the
Zoning and Code Enforcement Officer shall issue a use and occupancy
permit for the subject site upon receipt of which the landlord can
instruct the occupant or tenant to take occupancy and utilize said
site. In the event that such inspection should reveal or disclose
any violations or noncompliance with the codes, ordinances, rules
and administrative regulations of the Township, the Zoning and Code
Enforcement Officer shall issue a notice, in writing, identifying
and enumerating such violations or elements of noncompliance and the
landlord shall have 10 days within which to undertake and complete
remediation activities and/or restoration to bring such site into
compliance with the Township's codes, ordinances, rules and administrative
regulations, upon completion of which the Zoning and Code Enforcement
Officer shall reinspect the premises as may be necessary to determine
and confirm compliance with the same. Upon issuance of a notice of
violation and until remedial or restorative action is undertaken to
bring such site into compliance therewith, confirmed by the Zoning
and Code Enforcement Officer by reinspection of said site, the landlord
shall not permit, allow, or otherwise encourage the occupant or tenant
to occupy or otherwise utilize said site.
[Ord. 97-2, 7/14/1997, § 7]
1.
The Zoning and Code Enforcement Officer, or such other individual
as may be designated by the Board of Supervisors from time to time,
under the authority of this part shall:
A.
Maintain on file at the New Hanover Township building the names of
the landlords owning rental or rentable units in New Hanover Township,
said list to include the names of the current tenants of said dwelling
unit and business units.
C.
Retain records available to the Chief of Police and the Fire Marshall
of New Hanover Township of the address and description of any rental
or rentable unit or business unit that is vacant, unoccupied and not
in use.
D.
Retain records that shall be available for inspection by the census
enumerator for the Township of New Hanover of the name and mailing
address of any and all tenants or occupants of rental or rentable
units as may be appropriate to implement the Township's various
tax levies and/or assessments.
[Ord. 97-2, 7/14/1997, § 8; as amended by Ord.
97-7, 10/13/1997, § 4-208; and by Ord. 17-03, 3/27/2017]
Any person, firm or corporation who shall violate any provision
of this part, upon conviction thereof in an action brought before
a magisterial district judge in the manner provided for the enforcement
of summary offenses under the Pennsylvania Rules of Criminal Procedure,
shall be sentenced to pay a fine of not more than $1,000 plus costs
and, in default of payment of said fine and costs, to a term of imprisonment
not to exceed 90 days. Each day that a violation of this part continues
or each section of this part which shall be found to have been violated
shall constitute a separate offense.
